No. 22-6488

John F. Mosley v. Florida

Lower Court: Florida
Docketed: 2023-01-09
Status: Denied
Type: IFP
IFP
Tags: aggravating-factors apprendi-v-new-jersey capital-sentencing constitutional-rights due-process mitigating-circumstances mitigating-evidence reasonable-doubt ring-v-arizona
Key Terms:
DueProcess Punishment
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether excluding evidence of a history of sexual abuse in Mr. Mosley's family of origin was contrary to Eddings v. Oklahoma

Question Presented (OCR Extract)

question presented is whether excluding evidence of a history of sexual abuse in Mr. Mosley’s family of origin was contrary to this Court’s holding in Eddings v. Oklahoma, 455 U.S. 104 (1982) that the sentencer cannot refuse to consider relevant mitigating evidence. I. Under Florida’s capital sentencing scheme, in addition to finding at least one aggravating factor exists, the factfinder must make additional determinations before a capital sentence can be imposed: (1) whether “sufficient aggravating factors exist,” and (2) whether “aggravating factors exist which outweigh the mitigating circumstances.” See Fla. Stat. § 921.141(2) (2019). The second question presented in this case is whether, considering the operation and effect of Florida’s capital sentencing scheme, the Due Process Clause requires those additional determinations to be made beyond a reasonable doubt before the sentencer can choose to impose the death penalty, pursuant to Apprendi v. New Jersey, 530 U.S. 466, 476-85, 490, 494 n.19 (2000) and Ring v. Arizona, 536 U.S. 584, 603-05, 609 (2002). i STATEMENT OF

Docket Entries

2023-03-20
Petition DENIED.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-15
Reply of petitioner John F. Mosley filed.
2023-02-08
Brief of respondent Florida in opposition filed.
2023-01-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2023)

Attorneys

Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
John F. Mosley, Jr.
Barbara Jane BusharisPublic Defender's Office, Second Judicial Circuit, Petitioner
Barbara Jane BusharisPublic Defender's Office, Second Judicial Circuit, Petitioner